TERMS & CONDITIONS
1. Master Agreement and Application
1.1 The parties agree that, pursuant to the Personal Properties Security Act 1999 (PPSA), these conditions of sale:
(a) will apply to all products and services supplied by AJC DISTRIBUTION Limited (“AJC DISTRIBUTION”) to the buyer in the future, and that any such products supplied will be described as inventory;
(b) will prevail over any inconsistent terms or conditions contained or referred to in the buyer’s purchase order or other correspondence, and will supersede all previous written or implied conditions of sale; and
(c) may be varied by AJC DISTRIBUTION at any time by notice in writing to the buyer.
1.2 The buyer acknowledges that collateral supplied to the buyer by AJC DISTRIBUTION is inventory.
1.3 Variation and improvements to design and printed specifications will continue to be made without notice.
2. Packing and Freight
2.1 All standard freight within New Zealand is transported on PBT and Fastway couriers.
2.2 Requests for urgent/courier delivery will incur an extra freight charge and are couriered on New Zealand Couriers.
2.3 Any additional packaging required for export despatch could incur extra packaging charges.
Your order should be checked against the packing slip acknowledgement. Except as covered under the warranty clause, claims made seven days, or later, after the receipt of goods will not be recognised or admitted.
4. Proof of Delivery
Buyer must advise the carrier/s and AJC DISTRIBUTION of non-delivery of invoiced goods within 28 days of receipt of invoice; unless such advice is received buyer admits delivery of invoiced goods.
5.1 Split delivery – If only part consignment is delivered advise the carriers and AJC DISTRIBUTION immediately clearly stating what has been delivered and what is missing.
5.2 Breakages – Sign ‘unexamined’. Unpack without delay and advise the carriers and AJC DISTRIBUTION of any damage or breakages immediately.
6. Delivery Date
6.1 Any time or date for despatch provided is an estimate only and AJC DISTRIBUTION shall not be liable for the consequences of any delay.
6.2 Delivery times can vary between 1-3 working days for stocked products to urban areas.
6.3 Major Holiday’s such but not limited to, Christmas, Chinese New Year both here and overseas can affect the delivery times and AJC DISTRIBUTION shall not be liable for the consequences of any delay.
7.1All prices shown are prices are in New Zealand currency. Prices are subject to alterations at any time without notice. The price charged is that ruling at date of purchase.
7.2 All published prices are GST exclusive, unless stated otherwise.
8.1 All goods and materials supplied are due for settlement in full on 20th of month following invoice date for trade customers.
8.2 All goods and materials supplied are due for settlement in full before the goods are for retail customers.
9.1 The parties agree to contract out of Part 9 of the PPSA as far as it applies to AJC DISTRIBUTION’s rights to withhold delivery of subsequent orders, cancel discounts, and charge for debt collection and recovery costs, without prejudicing any of AJC DISTRIBUTION’s other rights under the PPSA or these conditions of sale. On default of payment AJC DISTRIBUTION reserves the right to withhold delivery of all subsequent orders until settlement is received. All debt collection agency fees, charges and debt recovery costs will be added to the amount due.
9.2. The buyer waives his or her right to do any of the following
a) To object to AJC DISTRIBUTION’s proposal to retain any inventory under section 121 of the PPSA;
b) To receive notice of a removal of an accession under section 129 of the PPSA;
c) To apply to the Court for an order concerning the removal of an accession under section 131 of the PPSA;
d) To redeem any inventory under section 132 of the PPSA; or
e) To receive a copy of the verification statement confirming registration of a financing statement or a financing change statement relating to the security interest caused by this agreement.
10.1 All products provided are covered by the manufactures written guarantee,
10.2 Manufactures will not guarantee any product if any of the below has happened;
a) Fair wear and tear
b) Failure to complete the recommended maintenance
c) Poor and improper installation
d) Indirect or consequential loss or damage
e) Any modifications or replacement parts that have not been specified from AJC DISTRIBUTION
11. Returned Goods Policy
Goods may only be returned with the prior consent of AJC DISTRIBUTION. The majority of product lines are made to order and are therefore non-returnable. Stocked product lines may be returned, subject to prior agreement and acceptance by AJC DISTRIBUTION.
Non-returnable product includes some non-stocked black product, product ordered in a “P” or “Special” colour, customised product, specially imported products and items with specific keying instructions. Please check with our Customer Services team for more information.
Upon confirmation that goods can be returned, a returned goods number must be obtained from AJC DISTRIBUTION Customer Services.
This number must be attached to the returned goods. AJC DISTRIBUTION is unable to process credits unless the goods have a returned goods number.
Goods should be returned to AJC DISTRIBUTION New Zealand Limited, freight paid, fully insured at the purchaser’s risk. All returns must be clearly marked with the returned goods number and be accompanied by a copy of the original invoice.
Any return of goods is on the proviso that the goods returned are in the same order and condition as when they were originally despatched by AJC DISTRIBUTION and that the goods are returned within 14 days of the original order being placed.
On all the returns where AJC DISTRIBUTION has despatched the order correctly, a handling fee of up to 25% of the invoice value may be deducted.
Where goods have been in the purchaser’s hands for longer than 30 days, the request to return goods to AJC DISTRIBUTION is solely at AJC DISTRIBUTION’s discretion, and the credit value of the returned goods will also be at AJC DISTRIBUTION’s discretion.
12.1 All goods and materials supplied are ex Works and risk passes to the buyer after leaving AJC DISTRIBUTION’s warehouse door.
12.2 The buyer grants AJC DISTRIBUTION a purchase money security interest in inventory, as described by the PPSA, supplied by AJC DISTRIBUTION to the buyer.
12.3 The buyer also grants AJC DISTRIBUTION a general security interest in all the buyer’s present and after acquired property for any indebtedness the buyer has to AJC DISTRIBUTION from time to time.
12.4 AJC DISTRIBUTION may allocate payment of indebtedness for any debt to any consignment of inventory provided to the buyer as AJC DISTRIBUTION sees fit.
12.5 In default of payment in full on the due date AJC DISTRIBUTION will have the right immediately to repossess and remove inventory without prejudice to any of AJC DISTRIBUTION’s other rights under this
agreement or otherwise, and the buyer hereby irrevocably authorises AJC DISTRIBUTION to enter any premises where inventory may be for such purpose.
12.6 Any proceeds of sale of inventory supplied to the buyer by AJC DISTRIBUTION shall be held in trust for AJC DISTRIBUTION.
AJC DISTRIBUTION may trace the proceeds of any such sales in accordance with equitable principles.
12.7 The buyer acknowledges that AJC DISTRIBUTION has provided inventory to the buyer on credit and the buyer acknowledges that AJC DISTRIBUTION has a security interest in the inventory provided by AJC DISTRIBUTION to the buyer.
Any notices to the buyer may be given by posting the notice to the buyer’s last known postal address or emailing it to the buyer’s last known email address.